You ask whether certain information is subject to required public disclosure under chapter
552 of the Government Code. Your request was assigned ID# 130787.

The City of McAllen Police Department (the "department"), received a request for offense
report number 99-32461. You have provided for our review information that is responsive
to the request. You assert the requested information is excepted from public disclosure under
section 552.108 of the Government Code. We have reviewed the information you have
submitted and considered the exception you assert.

Section 552.108 of the Government Code provides in part:

(a) Information held by a law enforcement agency or
prosecutor that deals with the detection, investigation, or prosecution
of crime is excepted from the requirements of Section 552.021 if:

(1) release of the information would interfere with the
detection, investigation, or prosecution of crime;

(2) it is information that deals with the detection,
investigation, or prosecution of crime only in relation to an
investigation that did not result in conviction or deferred adjudication,
or

(3) it is information that:

(A) is prepared by an attorney representing the
state in anticipation of or in the course of preparing for criminal
litigation;

(B) reflects the mental impressions or legal
reasoning of an attorney representing the state.

* * *

(c) This section does not except from the requirements of
Section 552.021 information that is basic information about an
arrested person, an arrest, or a crime.

Gov't Code § 552.108. Generally, a governmental body claiming an exception under section
552.108 must reasonably explain, if the information does not supply the explanation on its
face, how and why the release of the requested information would interfere with law
enforcement. See Gov't Code §§ 552.108(a)(1), (b)(1), .301(b)(1); see alsoEx parte Pruitt,
551 S.W.2d 706 (Tex. 1977). You indicate that the requested information is the subject of
an ongoing criminal investigation. We find that you have shown that the release of the
requested information would interfere with the detection, investigation or prosecution of
crime. See Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ.
App.--Houston [14th Dist.] 1975), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976)
(court delineates law enforcement interests that are present in active cases); Open Records
Decision No. 216 (1978). Thus, we conclude that the requested information may be withheld
under section 552.108(a)(1).

We note, however, that information normally found on the front page of an offense report is
generally considered public. Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d
177 (Tex. Civ. App.--Houston [14th Dist.] 1975), writ ref'd n.r.e. per curiam, 536 S.W.2d
559 (Tex. 1976); Open Records Decision No. 127 (1976). Thus, you must release the type
of information that is considered to be front page offense report information, even if this
information is not actually located on the front page of the offense report. Gov't Code §
552.108(c); seeHouston Chronicle, 531 S.W.2d at 187; see also Open Records Decision No.
127 (1976) (summarizing the types of information deemed public by Houston Chronicle).
You acknowledge the department has already released the front page offense report
information.

We are resolving this matter with an informal letter ruling rather than with a published open
records decision. This ruling is limited to the particular records at issue under the facts
presented to us in this request and should not be relied upon as a previous determination
regarding any other records. If you have questions about this ruling, please contact our
office.